Child Protection: How you can help a friend in need

Daniel is fourteen years old and in grade nine.  He is on his school’s junior basketball team, and practices in the mornings before school.  One morning Daniel and his teammates are in the change room, suiting up for their basketball practice.  They are all talking about an upcoming game against their rival school.  Daniel’s friend Eric is changing next to him.  When Eric is changing into his basketball jersey, Daniel notices a huge bruise on Eric’s shoulder.  Daniel asks him about it and Eric immediately says, “Oh it’s nothing. I’m such a klutz – I fell down the stairs yesterday!”  With that Eric finishes changing at lightning speed and practically runs out into the gym, away from Daniel.  Daniel gets an uneasy feeling in his stomach.

At the end of the day, Daniel and Eric walk home from school together.  At first Daniel keeps the conversation light, talking about class and their upcoming basketball game.  But Daniel can’t shake the uneasy feeling about what had happened that morning.  Daniel decides to bring up the subject with Eric.

“Eric, that bruise on your shoulder looks pretty bad.”

Eric’s walk slows, but he responds, “Oh, it’s nothing.  It doesn’t hurt that bad.  It was my fault, I fell on the ice at hockey practice last night.”

“But this morning you said that you fell down the stairs.” 

“Yah…  I fell down the stairs and I tripped on the ice – I’m a klutz.  Drop it.”

Daniel doesn’t want to drop it.  He has a terrible feeling and asks, “Eric, did someone give you that bruise?”  Eric won’t make eye contact with Daniel and doesn’t answer the question.   Daniel says, “I’m just worried.  Are you okay?”

Eric asks Daniel if he can keep a secret; Daniel says, “Of course.”  Eric then confesses to Daniel that the bruise wasn’t an accident.  His stepfather got angry last night when Eric forgot to unload the dishwasher, and he hit him. 

“Eric, that’s not a reason for him to hit you.  You should tell your mom… or Mrs. Matthews the principal.  I’m sure that one of them can help.”

Eric responds, “Look it was my fault.  It’s always my fault!  I should have unloaded the dishwasher.  I always forget to do stuff, and if I didn’t he wouldn’t have to remind me!  I just have to be better.  I’m not telling anyone.  And you promised you wouldn’t say anything!”

Daniel says, “Yah I promised, but…”

“No ‘buts’! You promised!”

“Okay, okay.  I won’t say anything.”  Daniel promises. 

That night, Daniel wants to talk to his parents about what Eric said, but he is afraid that he will get in trouble, or that he’ll get Eric in trouble.  And he doesn’t want to break Eric’s trust.

http://www.papsyblog.org/2011/11/doctors-might-miss-some-cases-of-child.html

WHAT CAN DANIEL DO?

Daniel can tell his parents, or Mrs. Matthews the principal or one of the teachers about the information that Eric told him.  Abuse is harm that can take many different forms, including both words and physical actions. No person ever deserves abuse, and regardless of whether Eric forgot to do his daily chores or misbehaved, his stepfather has no right to hit him in anger. Eric needs to realize that it is not his fault and he by no means deserves the abuse from his stepfather. 

The adult that Daniel chooses to confide in about his concerns for Eric may talk to Eric to find out what is going on.  If this adult thinks that Eric is being abused then he/she has a legal duty to report the situation to the Children’s Aid Society (CAS).  The Children’s Aid Society is responsible for protecting children under the age of 16 from harm. CAS also works with families to help take better care of their children. According to Ontario law, every member of the public must contact CAS to report suspicions if they have reasonable grounds to believe that a child is being abused or neglected. The law defines the phrase "child in need of protection" and sets out what must be reported to a children's aid society, which includes physical, sexual and emotional abuse, neglect, and risk of harm. In this case, if Daniel speaks to an adult, the adult will have a duty to report suspicions of abuse (bruise on Eric’s shoulder and his explanation of it). CAS has the authority to investigate a situation if they are contacted.

IF CAS IS CONTACTED:

Once contacted, the CAS will do an initial screening of the report. The CAS worker will take some steps to decide whether CAS needs to become involved. If the CAS worker decides that the children are well cared for, then it may decide not to become involved. After the first step, screening, the CAS may decide to do a child protection investigation. If this happens, the CAS worker will visit Eric’s family home and talk to the family. They may also talk to other people, such as Eric’s teachers or neighbours. At the end of the investigation, they CAS worker may decide that the children are not in need of protection, and no further action will be taken. If, however, the CAS decides that the children are in need of protection, they will take steps to make sure the children are safe. This can include working with the family to try to address the issues and problems the family is facing. If the CAS feels there is no other way to keep the children safe, it can remove, or apprehend, the children. It is important to note that if a decision is made for you to be removed from your home against your parents wishes then the case would have to be heard in court. Children in Ontario have the right to lawyer from the Office of the Children's lawyer who would represent your best interests at court. 

NOTE:  Having involvement from a Child Protection Agency can be scary and overwhelming. It is important for a young person to know that they have rights and there are agencies that can help explain what is happening and offer support and advice. 

If live in Ontario and are under 18 and you have questions about child protection you can call us at Justice for Children and Youth for more information and legal advice at (416) 920–1633 or 1-866-999-5329. It is important to note that while most adults who Eric spoke to about his situation may have a legal obligation to report their suspicion/concern to the local child protection agency this rule does not apply to youth who contact a lawyer for legal advice. Most of the time, a lawyer will not be obligated to report a child protection concern.  If you want legal advice - call and we'd be happy to speak with you. 

Furthermore, if a local child protection agency has been contacted and you want added assistance the Office of the Provincial Advocate for Children and Youth has advocates who are happy to assist young people who want help advocating for their rights related to entering into care. You can contact them by calling 1-416-325-8326 or 1-800-263-2841.

To find more information or to contact your local Children’s Aid Society, please visit:

Ontario Association of Children’s Aid Societies: http://www.oacas.org/

Native Child and Family Services of Toronto: http://www.nativechild.org/

Catholic Children’s Aid Society of Toronto: http://www.torontoccas.org/

Jewish Family and Child: http://www.jfandcs.com/  

This blog scenario was written by Marsha Rampersaud, a volunteer on the JFCY's PLE Team. The legal content was written by Lauren Grossman, a first year law student at the University of Toronto who is volunteering at JFCY as the PLE team leader through her law school's Pro Bono Students Canada program. All legal content was reviewed by a JFCY lawyer.

Children's Rights & Divorce

Claire’s parents seem to be fighting a lot lately, and aren’t sleeping in the same room anymore. She thinks that her parents might be getting a divorce. 

Claire being 16 understands that this is for the better and in the long run will improve her family dynamics, but her younger sister Eli seems to be having a very hard time with what’s happening. Claire knows that if her parents do get a divorce, that she doesn’t want to have to pick who she stays with, she loves them both equally and wants to spend equal time with them. Eli on the other hand really clings to her mom and being only 6 years old doesn’t want to be separated from her.


http://blogs.psychcentral.com/wellness/2011/07/the-kids-are-alright-what-to-do-when-your-partner-is-ill/

What can Claire and Eli do about their situation, do they get a choice in who they stay with? Will both parents get custody? Who can Claire and Eli talk to if they have issues?

Under the Divorce Act, one or both parents may have custody of the children. See section 16 of the Divorce Act for the provisions of custody orders. Child custody issues are always determined with one primary goal in mind: to do what is in the best interest of the child.

In many divorce cases the children will not have to testify in court, nor will the judge want to speak privately with your children. Instead, the Court normally appoints a social worker or the Court may request to have the children be appointed a lawyer from the Office of the Children’s Lawyer to represent the children’s interests and to present the children’s interests to the judge. This does not happen in all cases, but when it does happen the children’s lawyer will present independent information to the court about the children’s views and preferences relating to the custody issues. Claire and her sister can speak to a social worker or the lawyer appointed to them about their concerns.

Types of Custody

There are four different types of child custody in Canada.

(1) Sole custody: one parent alone has custody of the child which means that the child lives with one parent most of the time. That parent (also referred to as the custodial parent) has the main responsibility for taking care of the child and making decisions about the child. However, the other parent has access to the child and the right to certain important information about the child such as medical information.

(2) Joint custody: both parents share custody of the child. Both parents will continue to share in making all the major decisions concerning the children (about discipline, school, major outings, holidays, etc.). If there is joint custody, many different living arrangements are possible. The children may live with each parent about the same amount of time or live mostly with one parent.

(3) Shared custody: both parents have joint custody of the child and each spends at least 40% of the time with their child. Also, both parents usually share the responsibility for making major decisions affecting the child.

(4) Split custody: When one parent has custody over some of the children while the other parent has custody over the others. Some of the children live with one parent most of the time, while the other children live with the other parent most of the time. This is a rare type of custody. Courts are quite hesitant to award custody in this manner as they don’t want to split up brothers and sister

For more information on the Office of the Children’s lawyer, check out their website: http://www.attorneygeneral.jus.gov.on.ca/english/family/ocl/

Some more online legal information on family law:
http://www.cleo.on.ca/english/pub/onpub/PDF/family/getdiv.pdf
http://www.cleo.on.ca/english/pub/onpub/PDF/family/custody.pdf

This blog scenario was written by Genevieve Pelow, a volunteer on JFCYs PLE team, who is grade 10. The legal content of this blog was written by Lauren Grossman, a first-year law student at the University of Toronto who is volunteering at JFCY through her law school’s Pro Bono Students Canada program. All info was reviewed by a JFCY staff lawyer.

Child Protection and the Law in Ontario

Image Source: https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhMS6pIjmC1VLoh0z_O07MsHt6qAI1Pf1QFF6FlINKSGfomCIZJ5jo6OTTFm9-RA0_A-CekdDms00QX5UKG4pIPdv0gtOuqcmRmN7znIEhys7ZEpLd29G3nJ4ogfc04f-iPqJSN8ezmXD2N/s1600/family.jpg

Scenario:

Rochelle is 14 years old. She lives with her mother, father, and her younger sister, Georgia. Rochelle’s father lost his job a year ago and has been struggling to get back on his feet. They are currently receiving social assistance, but the family only receives about $1200 a month. After paying their $900 rent each month, there is not much money left for food. Sometimes Rochelle and her sister go to school without a lunch. One day, Rochelle’s teacher noticed a bruise on her arm. When she asked her about it, Rochelle said she fell off her bike. Her teacher also noticed that Rochelle and her sister often did not eat at lunch. Her teacher was worried about Rochelle and her sister, so she called the Children’s Aid Society (CAS).

Legal Information

The Children’s Aid Society is responsible for protecting children under the age of 16 from harm. It also works with families to help take better care of their children.

The law in Ontario requires that members of the public, including professionals who work with children (i.e. teachers) must report any suspicions that a child is or may be in need of protection to the CAS. The law defines the phrase "child in need of protection" and sets out what must be reported to a children's aid society, which includes physical, sexual and emotional abuse, neglect, and risk of harm. In this case, Rochelle’s teacher had a duty to report her suspicions of abuse (bruise on Rochelle’s arm) and neglect (lack of food).

Once contacted, the CAS will do an initial screening of the report. The CAS worker will take some steps to decide whether CAS needs to become involved. If the CAS worker decides that the children are well cared for, then it may decide not to become involved. After the first step, screening, the CAS may decide to do a child protection investigation. If this happens, the CAS worker will visit the family’s home and talk to the family. They may also talk to other people, such as teachers or neighbours. At the end of the investigation, they CAS worker may decide that the children are not in need of protection, and no further action will be taken. If, however, the CAS decides that the children are in need of protection, they will take steps to make sure the children are safe. This can include working with the family to try to address the issues and problems the family is facing. If the CAS feels there is no other way to keep the children safe, it can remove, or apprehend, the children.

After the children are initially removed from their home, the CAS must go to court within five days to have what is called a child protection proceeding. A judge will then decide what happens next and make a temporary order as to where the children should live while the case is being worked out. If the judge says the children must be removed from their home, they can be placed with another family member or friend if it is safe and appropriate to do so. If this is not possible, the children will be placed in residential care, which could be a group home or a foster home. What happens next will depend on many different factors. Child protection proceedings can be complicated and involve many different steps. For more information on child protection proceedings in court, check out this booklet.

If you are a child and have been removed from your home, you have rights, which include the following:

a. You have the right to a plan of care. This plan describes:

• What you need,
• What you and the staff are trying to do, and

• How you and the staff are trying to meet your needs. You have the right to take part in making and changes to it.

b. You have the right to take part in making important decisions about your care. These decisions include medical treatment, education, religion, ending or transferring your placement.

c. You have the right to speak with and visit members of your family on a regular basis except when there is a court order which says otherwise.

d. You have the right to speak to and receive visits from your lawyer, an adult person representing you, the Ombudsman, or the Office of the Child and Family Service Advocate.

e. You have the right not to be punished physically.

f. You have the right to proper food and clothing.

g. You have the right to proper medical and dental care.

h. You have the right to proper education.

i. You have the right to participate in sports and recreation programs.

j. Within reasonable limits you a have the right to privacy and to your personal property.

k. You have the right to receive and send mail. Your mail cannot be kept from you and usually should not be read by anyone else. If the person looking after you believes that the mail you are sending or receiving is harmful to you or others, they may open it. Your mail to or from your lawyer may not be read.

l. You have the right to be told of the complaint procedure and to make complaints. You have the right to make complaints to an independent person who is not looking after you.

No matter how you end up in residential care you keep these rights. You must be told of these rights by a social worker, child care worker, or other person. If you have any questions about your residential care you should ask your worker, phone a lawyer or the Office of the Provincial Advocate for Children and Youth at 416-325-5669 in Toronto or 1-800-263-2841.

There are special Children’s Aid Societies that you should be aware of. If you are First Nation, Aboriginal, Metis, or Inuit you have the right to access services from Native Child and Family Services. If you are Catholic, you have the right to access services from the Catholic Children’s Aid Society and if you are Jewish, from the Jewish Family and Child.  Please note that not all communities have these special Children’s Aid Societies.

To find more information or to contact your local Children’s Aid Society, please visit:

Ontario Association of Children’s Aid Societies: http://www.oacas.org/

Native Child and Family Services of Toronto: http://www.nativechild.org/

Catholic Children’s Aid Society of Toronto: http://www.torontoccas.org/

Jewish Family and Child: http://www.jfandcs.com/  

If your family is involved with a Children’s Aid Society in Ontario and you are under 18, you can call Justice for Children and Youth form more information and legal advice at (416) 920 – 1633.

This post was written by PLE Team volunteer Christine Doucet.  Christine recently graduated from Osgoode Hall Law School. 

What is the Office of the Children's Lawyer?

The Office of the Children’s Lawyer

In this post, we look at the Office of the Children’s Lawyer (OCL), which is a law office in the Ministry of the Attorney General that provides legal services to children and youth who are under the age of 18 in Ontario.

While they both represent children and youth on legal issues, JFCY and the OCL are different organizations doing different things.

What is the Office of the Children’s Lawyer?

The physical office where the OCL operates is in downtown Toronto, but there are lawyers and social workers across the province that work with the OCL, and services are available to children and youth anywhere in Ontario.

Lawyers who work for the OCL represent children in many areas of the law including custody and access disputes (when parents separate or get divorced), child protection (when a Children’s Aid Society is involved), and civil litigation (more about this below).

Social workers, who are also called Clinical Investigators at the OCL, may be involved in a case to prepare a report to the court in custody and access disputes and may also help lawyers who are representing children in these cases.

What does the office do?

There are two broad areas in which the OCL works – personal rights and property rights. The OCL does not provide representation or assistance in criminal matters. If you have an issue you think is related to criminal law, contact Justice For Children and Youth for further information and assistance. 

Personal Rights

Personal rights cases include custody and access matters and child protection proceedings. Often, in custody and access cases, parents are able to agree on many issues. There are times, however, where the adults cannot agree and the issues may become complicated. Usually, parents will have the opportunity to have a lawyer help them with their case. If the court thinks it is a necessary for the child or youth to have a lawyer, the court may request that the OCL provide representation to the child or youth. The court will ask the OCL to become involved when the court feels that it needs more information to protect the interests and needs of the child or youth.

One of your parents or the judge can make a referral to the OCL to request that the office becomes involved. If no one has made a request and you feel like you need a lawyer, you can ask one of your parents to ask the court for a referral to the OCL. However, just because the court asks the OCL to assist, it does not mean that the OCL will always become involved. The OCL makes the final decision whether or not to become involved in a custody or access case.

In cases where a Children’s Aid Society (CAS) is involved, the CAS may apply to the court for an order that a child is in need of protection, and remove a child or youth from his or her home. This may happen for many reasons, including abuse and neglect. In most cases, the CAS, and the parent(s) or other adults involved in the case usually have their own lawyers. If the court thinks it is necessary to protect a child’s interests, the court may ask the OCL to provide a lawyer to represent the child or youth. If the court requests the OCL to provide representation in child protection cases, the OCL must do so.

Property Rights

Property rights cases involve civil litigation and estate and trust matters. In Ontario, children and youth (under 18 years of age) cannot sue or be sued in their own name. In a situation in which a child has a right to sue, or is being sued, the child needs someone to act as a Litigation Guardian, who will make decisions for a child in legal proceedings. This would most often come up in personal injury cases, for example if a child was in an accident.

Often, a parent, guardian, or other adult may be appointed by the court as a Litigation Guardian. However, there may be cases where this is not appropriate, or there is no one who is willing and able to act as a Litigation Guardian. If there is no other person available, the court may order that a lawyer from the OCL act as a Litigation Guardian. 

The OCL also represents children and youth estate and trust cases. If a parent, guardian or relative passes away, there are many legal issues that come up for children and youth, including looking at the will, if there is one, to make sure it is valid, and making sure there is adequate support for the child from the estate of the person who has died. 

Where can I get more information?

For more information, check out the Office of the Children’s Lawyer’s website here.

For more information on your rights in cases of separation and divorce, you can check out this pamphlet: Where Do I Stand? A Child's Legal Guide to Separation and Divorce.

This blog post was written by JFCY volunteer Christine Doucet. Christine is a member of the PLE team and YouTube subcommittee, and is a recent graduate of Osgoode Hall Law School. 

Photo Sources: www.business-clipart.com/  and

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